20130846 Ver 1_Email withdrawing variance application_20130813

Scarbraugh, Anthony
From:[e-mail]
Sent:Friday, August 16, 2013 9:08 AM
To:Scarbraugh, Anthony
Subject:Re: [SPAM] RE: Pool in buffer
Yes sir. Please withdraw the current application.

Chris Hamilton
Vice President

Havelock Pool & Spa
269 Hwy 70 W
Havelock, NC 28532
252-463-3731

East Carolina Pool & Spa
983 Hwy 70E
New Bern, NC 28560
252-672-8788

----- Reply message -----
From: "Scarbraugh, Anthony" <[e-mail]>
To: "[e-mail]" <[e-mail]>
Subject: [SPAM] RE: Pool in buffer
Date: Fri, Aug 16, 2013 8:40 am

Mr. Hamilton,

Per our conversation, are you going to withdraw your major variance application or not?

Anthony Scarbraugh

Anthony Scarbraugh
Environmental Senior Specialist
Washington Regional Office
North Carolina Department of Environment and Natural Resources
Division of Water Resources – Water Quality Programs
943 Washington Square Mall
Washington, NC 27889
[phone]

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E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statue or other regulation.
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From: [e-mail] [mailto:[e-mail]]
Sent: Wednesday, August 14, 2013 10:14 AM
To: Scarbraugh, Anthony
Subject: Re: [SPAM] RE: Pool in buffer

Ok. Thank you.

Chris Hamilton
Vice President

Havelock Pool & Spa
269 Hwy 70 W
Havelock, NC 28532
252-463-3731

East Carolina Pool & Spa
983 Hwy 70E
New Bern, NC 28560
252-672-8788
----- Reply message -----
From: "Scarbraugh, Anthony" <[e-mail]>
To: "[e-mail]" <[e-mail]>
Cc: "Drew Havens" <[e-mail]>, "Brownlow, Roy" <[e-mail]>, "Connell,
Brad" <[e-mail]>, "Burdette, Jennifer a" <[e-mail]>, "Adams, Amy"
<[e-mail]>
Subject: [SPAM] RE: Pool in buffer
Date: Wed, Aug 14, 2013 10:08 am

Mr. Hamilton,

You will fill out the same application that Mrs. Burdette sent you and follow the same instruction given in the help
document. The installation of a pool within Zone 2 of the Neuse River Riparian Buffer is considered a prohibited activity
and in order to undertake the activity you will need to purse a Minor Variance. My previous email was to clarify the
Minor Variance is processed within the Division of Water Resources and not the Environmental Management
Commission at this point in the process.

Best Regards,
Anthony Scarbraugh

Anthony Scarbraugh
Environmental Senior Specialist
Washington Regional Office
North Carolina Department of Environment and Natural Resources
Division of Water Resources – Water Quality Programs
943 Washington Square Mall
Washington, NC 27889
[phone]

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E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statue or other regulation.
****************************************************************************

From: [e-mail] [mailto:[e-mail]]
Sent: Wednesday, August 14, 2013 9:52 AM
To: Scarbraugh, Anthony
Cc: Drew Havens; Brownlow, Roy; Connell, Brad; Burdette, Jennifer a; Adams, Amy
Subject: Re: [SPAM] RE: Pool in buffer

This is so confusing. Where do I get that application and who do send it to?

Chris Hamilton
Vice President

Havelock Pool & Spa
269 Hwy 70 W
Havelock, NC 28532
252-463-3731

East Carolina Pool & Spa
983 Hwy 70E
New Bern, NC 28560
252-672-8788
----- Reply message -----
From: "Scarbraugh, Anthony" <[e-mail]>
To: "[e-mail]" <[e-mail]>
Cc: "Drew Havens" <[e-mail]>, "Brownlow, Roy" <[e-mail]>, "Connell,
Brad" <[e-mail]>, "Burdette, Jennifer a" <[e-mail]>, "Burdette,
Jennifer a" <[e-mail]>, "Adams, Amy" <[e-mail]>
Subject: [SPAM] RE: Pool in buffer
Date: Wed, Aug 14, 2013 9:24 am

Mr. Hamilton,

If the pool does not encroach into Zone 1 (30’ landward of the bulkhead) then you will need to apply for a Minor
Variance from the Neuse River Riparian Buffer Rules. Staff within the Washington Regional Office will review the
application.

Best Regards,
Anthony Scarbraugh

Anthony Scarbraugh
Environmental Senior Specialist
Washington Regional Office
North Carolina Department of Environment and Natural Resources
Division of Water Resources – Water Quality Programs
943 Washington Square Mall
Washington, NC 27889
[phone]
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****************************************************************************
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statue or other regulation.
****************************************************************************

From: Connell, Brad
Sent: Wednesday, August 14, 2013 8:11 AM
To: [e-mail]
Cc: Drew Havens; Brownlow, Roy; Scarbraugh, Anthony
Subject: RE: Pool in buffer

No sir. In the Town of River Bend area, our coastal shoreline jurisdiction is just 30’. Therefore, once you are landward of
that 30,’ you do not need authorization from the DCM.

Thank you,

Brad Connell
Field Representative
NC Division of Coastal Management

Peace be with you.
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties.

From: [e-mail] [mailto:[e-mail]]
Sent: Wednesday, August 14, 2013 8:08 AM
To: Connell, Brad
Subject: Re: Pool in buffer

Ok great. I'm sure that's going to be the plan. I will still need the CAMA minor though correct?

Chris Hamilton
Vice President

Havelock Pool & Spa
269 Hwy 70 W
Havelock, NC 28532
252-463-3731

East Carolina Pool & Spa
983 Hwy 70E
New Bern, NC 28560
252-672-8788
----- Reply message -----
From: "Connell, Brad" <[e-mail]>
To: "Chris Hamilton" <[e-mail]>
Cc: "Scarbraugh, Anthony" <[e-mail]>, "Brownlow, Roy"
<[e-mail]>
Subject: Pool in buffer
Date: Wed, Aug 14, 2013 7:53 am

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Yes sir, if ALL development activity proposed (including grading and filling) is more than 30’ landward of the bulkhead,
then you would be outside of the DCM’s jurisdiction. And therefore, would not have to submit a CAMA Major Permit
application.

Thank you,

Brad Connell
Field Representative
NC Division of Coastal Management

Peace be with you.
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties.

From: Chris Hamilton [mailto:[e-mail]]
Sent: Tuesday, August 13, 2013 7:13 PM
To: Connell, Brad
Subject: Re: Pool in buffer
Importance: High

Brad, If we move the pool to the side of the house would that work without have a “major” permit? ( If in the front yard
facing the house it would be on the right. We could easily get past the 30’ buffer..

On 8/7/13 4:16 PM, "Connell, Brad" <[e-mail]> wrote:
Mr. Hamilton,

Have you completed the CAMA Major Permit application forms?

Thank you,

Brad Connell
Field Representative
NC Division of Coastal Management

Peace be with you.
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties.

From: Burdette, Jennifer a
Sent: Tuesday, August 06, 2013 12:24 PM
To: Chris Hamilton
Cc: Connell, Brad; Adams, Amy; Scarbraugh, Anthony
Subject: RE: Pool in buffer

Chris,

For a major variance, please use the attached application form. The Washington Regional Office’s help document for
minor variances is attached for your reference as it contains information that is also applicable to major variance
applications. Please feel to contact me with questions or to set up a pre-application meeting to discuss the project.

Thanks,
Jennifer

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Jennifer A. Burdette
Environmental Senior Specialist
Wetlands, Buffers, Streams - Compliance and Permitting Unit
(WeBSCaPe Unit)

Wetlands Branch
NCDENR - Division of Water Resources - Water Quality Programs
1650 Mail Service Center
Raleigh, NC 27699-1650
[phone] phone
[phone] fax

*Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties unless the content is exempt by statute or other regulation.*

From: Chris Hamilton [mailto:[e-mail]]
Sent: Monday, August 05, 2013 8:36 AM
To: Scarbraugh, Anthony
Cc: Burdette, Jennifer a; Connell, Brad; Adams, Amy
Subject: Re: Pool in buffer

Thank you.

Mrs. Burdette, what do I need to do to get the ball rolling on this project? We are wanting to install a small (11x23)
fiberglass pool at this property.

On 8/5/13 8:31 AM, "Scarbraugh, Anthony" <[e-mail]> wrote:
Mr. Hamilton,

Impacts within Zone 1 of the Neuse Riparian Buffer will require a “Major” Variance from the Neuse River Riparian Buffer
Rules. The applicant will need to contact Jennifer Burdette at [phone] or [e-mail] for
information on how to apply for a “Major” Variance. In addition, please follow the link below for the application.

http://portal.ncdenr.org/web/wq/swp/ws/401/riparianbuffers/authorizations_variances

If you have any further questions, please feel free to contact me.

Best Regards,
Anthony Scarbraugh

Anthony Scarbraugh
Environmental Senior Specialist
Washington Regional Office
North Carolina Department of Environment and Natural Resources
Division of Water Resources
943 Washington Square Mall
Washington, NC 27889
[phone]

****************************************************************************
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
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disclosed to third parties unless the content is exempt by statue or other regulation.
****************************************************************************

From: [e-mail] [mailto:[e-mail]]
Sent: Monday, August 05, 2013 8:24 AM
To: Connell, Brad; Drew Havens
Cc: Scarbraugh, Anthony
Subject: Re: Pool in buffer

Yes. The outside edge of the pool will be 24 ft from the bulkhead.

Chris Hamilton
Vice President

Havelock Pool & Spa
269 Hwy 70 W
Havelock, NC 28532
252-463-3731

East Carolina Pool & Spa
983 Hwy 70E
New Bern, NC 28560
252-672-8788

----- Reply message -----
From: "Connell, Brad" <[e-mail]>
To: "Chris Hamilton" <[e-mail]>, "Drew Havens" <[e-mail]>
Cc: "Scarbraugh, Anthony" <[e-mail]>
Subject: Pool in buffer
Date: Mon, Aug 5, 2013 8:07 am

Mr. Hamilton,

Did you determine that the proposed pool was going to encroach into the first 30’ from the bulkhead? What is the
address to the property (please “Reply All” with your responses)?

Please see the attachments that you requested. Take some time to review the checklist and the forms.

If you have any questions, or if you need assistance, please do not hesitate to contact me at [phone] ext 214.

Thank you,

Brad Connell
Field Representative
NC Division of Coastal Management

Peace be with you.
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties.

From: Chris Hamilton [mailto:[e-mail]]
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Sent: Sunday, August 04, 2013 9:10 AM
To: Drew Havens; Connell, Brad
Subject: Re: Pool in buffer
Importance: High

Brad, I need the Cama Major permit application. I tried the link below but it wouldn’t let me in. Also, can I fill out and
email back to you or do I need to bring it down? Thanks.

On 7/31/13 4:27 PM, "Drew Havens" <[e-mail]> wrote:
Chris:

Here is the e-mail for you to use to access the information from DENR. Please let me know if there is anything else we
can do to assist you.

Regards,
Drew

From: Connell, Brad [mailto:[e-mail]]
Sent: Thursday, July 25, 2013 11:44 AM
To: Scarbraugh, Anthony; Drew Havens
Cc: Brownlow, Roy
Subject: RE: Pool in buffer
Importance: High

Mr. Havens,

Based on Mr. Scarbraugh’s determination below, if the proposed pool is within 30’ of the bulkhead (Zone 1), then it
would necessitate a review via the CAMA Major Permit process. If this is the case, then please contact me for the
applicable Major Permit application forms.

Thank you,

Brad Connell
Field Representative
NC Division of Coastal Management

Peace be with you.
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties.

From: Scarbraugh, Anthony
Sent: Thursday, July 25, 2013 11:23 AM
To: Drew Havens
Cc: Connell, Brad
Subject: RE: Pool in buffer

Mr. Havens,

The installation of a pool and/or concrete pad within the Neuse River Riparian Buffer would require a variance. A minor
variance is required for impacts to Zone 2 of the Neuse Riparian Buffer and a Major Variance is required for impacts to
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Zone 1 of the Neuse River Riparian Buffer. Please see the attached link for information on how to apply for the required
variance.

http://portal.ncdenr.org/web/wq/swp/ws/401/riparianbuffers/authorizations_variances

Best Regards,
Anthony Scarbraugh

Anthony Scarbraugh
Environmental Senior Specialist
Washington Regional Office
North Carolina Department of Environment and Natural Resources Division of Water Quality - Surface Water Protection
Section
943 Washington Square Mall
Washington, NC 27889
[phone]

****************************************************************************
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statue or other regulation.
****************************************************************************

From: Connell, Brad
Sent: Thursday, July 25, 2013 10:03 AM
To: Drew Havens
Cc: Scarbraugh, Anthony
Subject: RE: Pool in buffer
Importance: High

Mr. Havens,

River Bend lies within the Neuse River basin. The NC Division of Water Quality has specific rules regarding development
activities that can take place within their 50’ buffer. Their rules supercede ours, in this case. And in River Bend, our
jurisdiction is limited to 30’ landward of the bulkhead.

By copy of this email, I’ll ask Mr. Anthony Scarbraugh of the DWQ to assist you with your question(s) regarding this
matter.

Thank you,

Brad Connell
Field Representative
NC Division of Coastal Management

Peace be with you.
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties.

From: Drew Havens [mailto:[e-mail]]
Sent: Thursday, July 25, 2013 7:04 AM
To: Connell, Brad
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Subject: Pool in buffer

Brad:

Good morning. Chris Harmon is out of the office this week and part of next week and I had a question regarding
installing an in-ground pool near our Plantation Canal. The contractor dropped off a poor sketch, so I am not entirely
sure how close the pool or surrounding deck will be. I will be contacting him later this morning for a better sketch. What
are the CAMA rules about pools in the 30’ buffer? Can a pool encroach on the buffer? What about a concrete deck
around the pool? I know they would need a CAMA permit for a fence to enclose the pool, but I am not sure what the
rules are otherwise in terms of this type of development in the buffer.

Any advice you can offer will be appreciated.

Thank you Brad.

Drew

Drew Havens
Town Manager
Town of River Bend
45 Shoreline Drive
River Bend, NC 28562

252-638-3870

Pursuant to North Carolina General Statutes Chapter 132, Public Records, this electronic mail message and any
attachments hereto, as well as any electronic mail message(s) that may be sent in response to it may be considered
public record and as such are subject to request and review (with statutory exceptions) by anyone at any time.

Chris Hamilton
Vice President

Havelock Pool & Spa
252-463-3731

East Carolina Pool & Spa
252-672-8788

[e-mail]

Chris Hamilton
Vice President

Havelock Pool & Spa
252-463-3731

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East Carolina Pool & Spa
252-672-8788

[e-mail]

Chris Hamilton
Vice President

Havelock Pool & Spa
252-463-3731

East Carolina Pool & Spa
252-672-8788

[e-mail]

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